University of Southern California

Alternatives to District Court Patent Litigation: Reform by Enhancing the Existing Administrative Options

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Note by Eric B. Cheng
From Volume 83, Number 5 (July, 2010)

The American patent system, mired with rising costs and uncertainty, is in need of reform. To address these issues, the United States needs a viable proceeding to challenge the validity of granted patents and a forum specialized in patent matters to hear infringement litigation trials. Rather than implement proposals from legislators and commentators that may be too duplicative, incremental, or heavy-handed to put into practice successfully, the American patent system would be best served by bringing its existing administrative alternatives, with some enhancements, to the forefront as a comprehensive solution for patent reform.

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